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Judgment
7 paragraphs · 293 wordsG.S. Ahluwalia, J
This third application under Section 439 of CrPC has been filed for grant of bail. Second application of the applicant was dismissed by order dated 11.06.2021 passed in M.Cr.C. No.27971/2021.
The applicant has been arrested on 28.01.2021 in connection with Crime No.142/2020 registered by Police Station Chinore Distt. Gwalior for offence punishable under Sections 307, 456, 506, 34 of IPC and later added Section 302 of IPC.
It is submitted by the counsel for the applicant that Naval Kishore and Arti have been examined and they have not supported the prosecution case and at present, there is no other material witness to support the prosecution case. It is further submitted that co-accused Ravi Baghel has been granted bail only on the ground that he was not seen armed with any weapon.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it is incorrect to say that all material witnesses have been examined. Chandravali, Dharmendra Kushwah, Bhagwati, Laxman Kushwah and Harnam Singh are yet to be examined. It is further submitted that according to statement of Dharmendra, when an attempt was made to stop the applicant, scuffle took place and the pistol of the applicant had fallen down and, thus, it is further submitted that the case of the applicant is distinguishable from the case of the co-accused Ravi Baghel. It is further submitted that the bail application has also been rejected subsequent to grant of bail to Ravi Baghel.
Considering the totality of the facts and circumstances of the case as well as considering the fact that some more material witnesses are yet to be examined, no case is made out for grant of bail.
The application fails and is hereby dismissed.